1. Contributions: Employee vs. Employer
Most 401(k) plans, including the Black Diamond Termite and Pest Control, Inc.. 401(k) Plan, will have both employee contributions (from the paycheck) and employer contributions (match or profit-sharing). The distinction is important:
- Employee Contributions: Almost always 100% vested. These amounts can be divided in divorce based on your chosen formula (50%, specific dollar amount, up to a certain date, etc.).
- Employer Contributions: May be subject to a vesting schedule. If the participant is not fully vested, a portion may be forfeited. This affects what the alternate payee is eligible to receive.
Make sure the QDRO language clearly reflects what’s divisible, especially when there are unvested employer contributions.

